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INTRODUCTION TO THE CASE AND PURPOSE OF THE DISPUTE
1.
Proceedings before the Court. – On July 17, 2020, the Inter-American Commission on Human
Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted the case Brisa
Liliana De Angulo Losada against the Plurinational State of Bolivia (in hereinafter “the State” or
“Bolivia”) to the jurisdiction of the Inter-American Court. According to the Commission, the case
refers to the alleged responsibility of Bolivia for the violation of its duty to guarantee, without gender
or age-based discrimination, the right of access to justice following the sexual violence allegedly
suffered by the then 16-year-old girl, Brisa De Angulo Losada, at the hands of her 26-year-old cousin.
The case also deals with the alleged violation of the girl's rights to humane treatment and privacy.1
The Commission noted that the Public Prosecutor’s Office did not undertake a diligent investigation,
aimed at determining the truth, with enhanced due diligence on the allegations of sexual abuse,
violence, and rape, nor did it properly pursue criminal proceedings based on the available evidence,
therefore the alleged victim did not have an adequate remedy. The Commission also indicated that
the criminal proceedings were not decided within a reasonable period of time and established that,
during the investigation and prosecution, the necessary measures were not taken to avoid Brisa’s
revictimization. Finally, the Commission highlighted that, during the criminal proceedings, the alleged
victim was subjected to unnecessary, abusive and degrading physical examinations that violated her
privacy. Consequently, the Commission established that Bolivia is responsible for the violation of its
duty to guarantee, without gender and age-based discrimination, the right of access to justice and
for the violation of the rights to humane treatment and a private life, to the detriment of Brisa.
2.
Proceedings before the Commission. –
follows:
The proceedings before the Commission were as
a) Petition. – On January 20, 2012, the Child and Family Advocacy Clinic at Rutgers University,
the International Humans Rights Law Clinic at American University, the Women's Law Office,
and María Leonor Oviedo Bellot filed the initial petition with the Commission.
b) Admissibility Report. – On March 18, 2017, the Commission approved Admissibility Report
No. 25/17, in which it concluded that the petition was admissible2.
c) Merits Report. – On September 28, 2019, the Commission approved Merits Report No.
141/19, in accordance with Article 50 of the Convention (hereinafter also “the Merits Report”
or “Report No. 141/19”), in which it reached a series of conclusions, and made several
recommendations to the State.
d) Notification to the State. – The Merits Report was notified to the State on January 17,
2020, with a period of two months to report on compliance with the recommendations. After
the Commission granted a three-month extension, the State of Bolivia presented a report
alleging the existence of some progress in compliance with the recommendations. However,
as indicated by the Commission, the State did not request an extension of the deadline
provided for in Article 51(1) of the Convention in the terms established in Article 46 of the
Commission's Rules of Procedure.
1
The Court recalls that Article 1 of the Convention on the Rights of the Child defines that children are human beings under
18 years of age. Taking into account that Brisa De Angulo Losada was 16 years old on the date of the events in this case, the
Court will refer to her throughout this judgment as “girl” or “Brisa.” However, it is also worth remembering that the events
related to the sexual violence suffered by the alleged victim occurred between September 2001 and May 2002, so, although
Brisa was a girl at that time, on September 14, 2003, she became a legal adult.
2
This was notified to the parties on April 7, 2017.
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